Printer-friendly: Click to view
View NCGA Bill Details2023-2024 Session
Senate Bill 388 (Public) Filed Tuesday, March 28, 2023
Intro. by Burgin.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Mar 29 2023)

Bill History:

S 388

Bill Summaries:

  • Summary date: Mar 28 2023 - View Summary

    Amends GS Chapter 105 by adding new Article 2E, pertaining to gaming taxes. Explains that the purpose of the Article is to levy an excise tax to generate revenue for the General Fund. Clarifies that nothing in the Article provides immunity from criminal prosecution for a person engaged in placing or taking wagers not authorized under State law.

    Enacts GS 105-113.126 which imposes an excise tax of 6.75% on (1) unauthorized wagers, as defined in 26 U.S.C. § 4401 (section of the federal tax code on wagers), placed by persons located in this State and (2) wagers placed by someone physically located in this State. Specifies that a person who accepts wagers subject to the tax imposed by GS 105-113.126 is liable for the tax imposed. Defines wager.

    Enacts GS 105-113.127 (pertaining to reports and records), specifying that taxes levied by Article 2E are payable when the monthly report is required to be filed. Specifies that the monthly report covers the total amount of wagers received by a person during the previous calendar month and is due within 20 days after the end of the month covered by the report. Sets forth recordkeeping requirements. Directs the Secretary of Revenue in new GS 105-113.128 to credit the net proceeds of the tax collected under Article 2E to the General Fund.

    Enacts GS 105-113.129 (pertaining to confidentiality of information) which specifies that information obtained by the Department of Revenue (Department) in the course of administering the tax is confidential tax information. Prohibits the information from being used as evidence by a prosecutor in a criminal prosecution of the taxpayer for an offense related to illegal gambling or betting activities. Prevents an officer, employee, or agent of the Department from testifying about the information in a criminal prosecution of the taxpayer for an offense related to illegal gambling or betting. Clarifies that the subsection is intended to implement the protections  against double jeopardy and self-incrimination set out in Amendment V of the United States Constitution and the restrictions in it apply regardless of whether information may be disclosed under state tax law. Specifies that an officer, employee, or agent of the Department who provides evidence or testifies in violation of GS 105-113.129 is guilty of a Class 1 misdemeanor.